Borough of Point Pleasant Beach Council Meeting Minutes
March 16, 2021
Due to the Point Pleasant Beach Public Health Emergency and State of Emergency declared on March 16, 2020, in response to the COVID-19 outbreak and the directive that all events on Borough property by cancelled until further notice, this meeting was held via the online Zoom Meeting platform/Meeting ID: 928 8529 0645. The public had the option to participate online or via telephone. Instructions were published in the Ocean Star and Asbury Park Press and posted in Borough Hall and on the Borough web site.
The Governing Body reserves its right to amend and supplement the purposes of executive session by motion at the public meeting.
Mayor Kanitra called the meeting to order at 6:30PM. Present were Councilmembers Vitale, Testa, Byrnes and Santanello. Councilman Cortes arrived during Closed Session. Councilman Migut was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act: “Adequate notice of the time and place of this meeting was given under the provisions of the Open Public Meetings Act and was posted and sent to the officially designated newspapers in compliance with the law.”
The Municipal Clerk read the Resolution for Executive Session: “Whereas, Section 8 of the Open Public Meetings Act permits the exclusion of the public from a meeting in certain circumstances; and whereas, this Governing Body is of the opinion that such circumstances presently exist, now, therefore, be it resolved by the Mayor and Council of the Borough of Point Pleasant Beach, County of Ocean and State of NJ, as follows: the public shall be excluded from discussions concerning the hereinafter specified subject matter; the general nature of the subject matter discussed is as follows: (2) Attorney-Client Privilege matters. It is anticipated that the subject matter discussed may be made public upon its conclusion or final disposition.”
Motion by Councilman Vitale enter Executive Session was seconded by Councilwoman Byrnes and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Byrnes, Santanello….YEA
Councilmen Cortes, Migut….ABSENT
CLOSED SESSION BEGAN AT 6:31PM AND ENDED AT 6:42PM.
Mayor Kanitra called the regular meeting to order at 7:30PM. Present were Councilmembers Vitale, Testa, Byrnes, Cortes and Santanello. Councilman Migut was absent. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act: “Adequate notice of the time and place of this meeting was given under the provisions of the Open Public Meetings Act and was posted and sent to the officially designated newspapers in compliance with the law.”
FLAG SALUTE, INVOCATION
Motion by Councilwoman Testa to approve the March 2, 2021 Council meeting minutes was seconded by Councilwoman Byrnes and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes….YEA
Councilman Santanello….NAY
Councilman Migut….ABSENT
DEPARTMENT HEAD MEMO/DISCUSSIONS
ZO Tumolo RE: Request for Curb Cut at 327 River Avenue – Councilman Cortes: want to widen existing cut to 16’ – allowed 13’ – unique circumstance on west side of River – might be difficult at 13’ to turn right into driveway, as there will be a retaining wall – approved a wider cut for Mr. Amelchenko, south of this – thinks 16’ is fine – there is no parking on the west side of River (Mayor Kanitra: if there is no parking that will be affected and have already set a precedent, it’s a no brainer; Councilman Santanello: agrees with Mayor; Atty. Riordan: each property is unique – no precedent; Mayor Kanitra: is similar; Atty. Riordan: can apply similar principals to a unique property) added as item 2i at 16’.
Personnel matter from Executive Session to be Discussed in Open Session, per Employee Request – Atty. Riordan: a Rice Notice was issued and the employee requested the matter be discussed in public; BA/CFO Riehl: read the following a statement and deferred questions and comments to legal counsel: “The Borough of Point Pleasant Beach is a Civil Service Community and we are obligated to hire off the Civil Service list of eligible candidates for particular positions. When the title for Code Enforcement/Zoning Officer was announced, our provisionally-appointed employee was deemed ineligible to apply for and sit for the test by the Civil Service Commission. Thereafter, the Borough received a certified list from Civil Service, with one qualified eligible individual for appointment, and our provisional appointment was not on this list. Based solely on the list, the Borough is obligated to hire the approved eligible off of the Civil Service list. I would make a recommendation to Council that we add to the consent resolution tonight, ‘Authorization to hire Ryan Griffin as Code Enforcement/Zoning Officer.’”
Motion by Councilman Vitale to add to the agenda “Authorization to hire Ryan Griffin as Code Enforcement Officer/Zoning Officer,” was seconded by Councilwoman Testa.
Councilman Santanello: asked if Borough was approached by Civil Service or if the Borough sought them out and asked the question (Atty. Riordan: introduced Special Counsel Ryan Carey, an expert in Civil Service law; Atty. Carey, Apruzzese, McDermott, Mastro & Murphy, Liberty Corner, NJ: practices exclusively in labor and employment law on behalf of management in the public and private sectors – it’s not a function of seeking specific advice, it’s a function of Civil Service rules – there is a specific rule to govern this circumstance – an employee who is serving in a provisional basis, who fails to take an exam when it’s been announced for his/her title, shall be separated from the provisional title and the Appointing Authority is to take action in that regard within 30 days) asked if the employee should have taken the test, didn’t, and that’s why this came to the forefront (Atty. Carey: employee was deemed ineligible to take the exam) asked if this is something done as a normal investigation of employees to make sure they’re supposed to be on board and things like that – normal process of business – something we done on a regular basis (Atty. Carey: absolutely – had someone in a provisional title and were looking to obviously commute that, ultimately, based upon a Civil Service exam, into a non-provisional permanent employee – typical operating business; Mayor Kanitra: clarified that this isn’t anything the Borough initiated – as he understands it, the State sent the list – the Borough didn’t ask for it – when there is a provisional appointment, at some random date, the State sends a list and that’s when that process happens; Atty. Carey: right, in response to the exam and notice of the exam – there were, in this instance, not many interested individuals apparently but, ultimately, the list gets generated by Civil Service to the municipality – have to act and what is permitted and not permitted to be done is controlled by Civil Service rules; Mayor Kanitra: asked how long ago that list was sent; Atty. Carey: believes within the last 10 days; Mayor Kanitra: are within that 30-day component; Atty. Carey: correct).
Christina (Montoro), Teamsters: there are relevant facts Council should know before taking a vote (Mayor Kanitra: that will be brought up in public participation).
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes….YEA
Councilman Santanello….NAY
Councilman Migut….ABSENT
Authorization to hire Ryan Griffin as CEO/ZO was added as item 2j.
Suggested Marijuana Ordinance – Atty. Riordan: Legislature passed a statute that legalized marijuana – one aspect is that it gives a window as to what kind of businesses municipalities will allow –delivery service cannot be prevented, although you can prevent them from having their home office in your municipality – NJ has ensured that, regardless of how the municipality feels, licensed delivery vehicles will take recreational and medical orders from individuals, fill them at the nearest dispensary and then drive them back – a number of organizations have recommended regulating industries before the window roles out – the ordinance drafted would prohibit any and all of the 5 licenses, including cultivation, manufacture, distribution and retail – is clear to him that the Governing Body does not want any of those in PPB – can put on tonight’s agenda or save until the next meeting (Mayor Kanitra: asked if recreational, as well as medical, marijuana could still be delivered, just not sold) if the ordinance is passed, there won’t be any retail or other brick and mortar establishments – licensed vehicles will be delivering to people’s houses (Mayor Kanitra: a business in town has a prominent illegal temporary sign advertising delivery of smoking-related goods to the beach – asked if these products could be delivered to the Boardwalk or beach) can’t smoke on the beach – certainly can’t be used there – would have to research if they can be delivered there – probably (Mayor Kanitra: PPB has a new vape and smoking zoning ordinance prohibiting that in the historic overlay district – confirmed that, if legalized, this would be outside of downtown anyway) would want to review – there is a zoning ordinance that prohibits cannabis businesses downtown – believes the Mayor is referring to a different ordinance regarding vaping products (Mayor Kanitra: wants to be sure people with a legal right to it can get it) absolutely (Councilman Santanello: would like to read it first before putting it on the agenda) will hold until next meeting.
COMMITTEE REPORTS:
Councilman Vitale: gave Chief’s report – due to recent car thefts, reminded residents to lock and leave key fobs in vehicles – an individual arrested for criminal trespass was released per new bail reform laws – he is presumed innocent until proven guilty – encouraged immediate calls for anything suspicious or needing police response – working with NJ Office of Homeland Security and Preparedness for May 5th security seminar; Recreation/Arts/Beautification/Environmental/Senior Committees participated in Sham-Rock event to increase foot traffic for downtown businesses – thanks to Gottlieb District 1906, Haven’s Sweet Shop, Kiwanis and Last Wave Brewery – huge success – more joint events to come; spoke about 2h – Recreation Committee and Councilman Cortes met and decided on this award; spoke about 1c – fundraising campaign to offset Pleasure Park expenses; will start recruiting for summer camp positions in next few weeks – planning adult basketball league in April and a youth league in summer; Wifi install in Borough Hall is ongoing (Mayor Kanitra: doesn’t think general public has any idea how badly the State House and Governor’s office has hurt NJ in terms of safety with regard to bail reform – bad actors are not held accountable – some people in summer treat our officers badly – need to be loud about this).
Councilwoman Testa: Beautification applied for Fisher Fund grant for 32 self-watering downtown planters and were approved – thanked Fisher Family – will be shipped April 5th – water reserve can last for weeks – will have old ones removed before May with new ones installed mid-May – will follow up with BA/CFO Riehl; left garland and lights up for events but they will be coming down – only a handful of people put it up – took a week or two at 6 hours/day – things will be done differently next year – need everyone’s help – was a suggestion to reach out to store owners to help take it down – more information to come; spoke about item 1f – first one was a huge success – there will be more vendors this year; item 2e is the first art show – working with Chamber – may be shutting down the street – vendors, food, etc. – in July; thanked all involved in committees – wished volunteer Mary Steiner well and quick recovery from surgery; spoke about Beach Bingo; Municipal Alliance Committee Facebook page is up – invited all to like – kickoff event is a family dinner; great meeting with Kelsey Howard and Engineer Mele, Greater Mercer TMC and Det O’Neill about street grants for pedestrian flashing lights, beacons and new sidewalks by the school – will do an audit walk for areas of concern; wants to go back to in-person Council meetings – Mayor Kanitra is on board (Mayor Kanitra: asked the Clerk and Administrator if April 20th was good; BA/CFO Riehl: would need to work out logistics and legal restriction with the Clerk and Atty.; Atty. Riordan: can work it out – can expect to be live on April 20th) looking forward to it (Mayor Kanitra: new planters and bike racks will make a difference – asked about signage audit; BA/CFO Riehl: comprehensive list of Local, County and State roadway signage needing repair, replacement etc.).
Councilwoman Byrnes: thanked brave firefighters and first responders who responded to raging wildfire – constant training is so important – asked if anyone is razing a building, to let the FD conduct a drill there; Senior Committee/Golden Gulls will meet this week with a guest speaker from a senior center to field questions – speaker has already invited committee to participate in their online events – offered to facilitate – have working list of seniors in town – will be reaching out and going door-to-door – wgirls.org have people ready to help with vaccine appointments – have helped about 15 people so far; received Tree City USA designation – should be very proud of Shade Tree Commission; Environmental Commission & Greet Team enjoyed the wonderful Sham-Rock event – Commission is reviewing the green building and environmental sustainability element of the Master Plan and collaborating with PPBHS on community garden and landscape improvements – asked for some barrels there – an Environmental Commission goal for 2021 is to increase collaboration with other committees (Mayor Kanitra: congratulated her, on behalf of Council, on her new beautiful grandson) she’s “Glamma” and they are over the moon.
Councilman Cortes: welcomed Councilwoman Byrnes to the grandparent club – he’s a great grandparent – town lost Jim Dietz on March 4th – his wife Sue is a longtime member of Beautification – was lifetime first aider, volunteer who helped him decorate downtown, served in the Navy – his daughter Kim runs the Farmers Market – Rest In Peace; showed pictures of new bike racks – ready to be installed; Maryland Ave. Beach is ready for rinse station/shower installation; not in favor of acquisition ordinance – slippery slope – likes the mercantile ordinance except for regulating the hours of businesses.
Councilman Santanello: Streets Committee rode around with DPW Super. Trout today and two representatives from Patch Management – will enlarge patches, fill in cracks and make additional repairs – waiting for warmer, drier weather; have 7 ordinances tonight, could have been 8 – spoke about condemnation ordinance – uncomfortable about seizing business for simple reason of needing more parking – worries about slippery slope – concerned it will be used at other businesses – will vote no; mercantile ordinance will apply to every mercantile license – would like to vote on this because of the Noble’s situation, but doesn’t trust the current Governing Body – wrong to give Governing Body the right to control business – will vote no; he and his wife laughed at the Mayor’s joke about helping him sell his home as quickly as possible – it’s his dream home – it’s a seller’s market – expressed concern about the Governing Body’s direction and how it affected their decision to sell, including an ordinance with a clause to seize Boardwalk businesses, political cronies downtown, paid parking in residential neighborhoods where it is not wanted – also, the Borough’s hiring of an attorney to object to a change in use application before the Board of Adjustment – it’s about one of the Boardwalk businesses – Council wasn’t consulted and it’s not representative of the entire Governing Body – finds attempt of Governing Body to impose its will on the Board of Adjustment, an autonomous body, somewhat unethical – believes day-trippers are the biggest problem – there is an ordinance on tonight to control every business in every detail – is concerned about the conversation about short-term rentals – quoted the minutes – knows Mayor Kanitra would like to turn PPB into Spring Lake – maybe that’s what majority of people want – if so, he has misread his constituents – those taxes are not part of his retirement plan (Mayor Kanitra: appreciates – a lot of inaccuracies – wished him the best) will rent something in town – a shame someone made some negative comments on Mayor Kanitra’s Facebook page about it.
MAYOR’S REPORT
Mayor Kanitra: unlike previous administrations where things were discussed behind closed doors, decided on before discussed publicly and pushed through quietly, this administration chooses to discuss problems and solutions in a public manner – previous administrations spent 30 minutes/week on Council duties – all surrounding communities have passed short-term rental bans and it would be derelict not to discuss publicly – have looked at the issue and added questions into a survey, which has never been done before – the numbers don’t support it – won’t go against the will of the people like previous administrations, who kicked the Elks out and tried to jam dog parks in Pleasure Park and made hideous decisions that made them so unpopular they get swept out of office – if we see that short-term rentals are disproportionately having problems this summer, will have another public discussion on it – parking is the exact same thing – Councilman Santanello said we don’t want day-trippers and took a shot at him, saying he doesn’t like tourists – is full of contradictions (Councilman Santanello: did not say he is against day-trippers – he said that day-trippers, not people staying in motels or short-term rentals, are the biggest problem down here – that’s a big difference – he is just talking about percentages) it’s a strong statement to say they are the biggest problem and then say he is not against them – residents complain about people pushing further into neighborhoods looking for free parking, urinating in yards, littering, causing fights, drinking and smoking in neighborhoods – simply discussing things– not trying to force anything down people’s throats – no easy solution – hallmark of transparent, resident-focused Governing Body will always be to talk about things – not doing anything on parking right now – will keep talking about things and holding bad actors accountable – got elected to clean this town up because people’s property values were not reflective of how the town looks and operates and the safety levels that people felt; invited all to a big event at Arnold Ave./Boardwalk this Saturday – the provision in the new marijuana law that parental notification is not allowed and police officers are criminally liable is absolutely ridiculous – State Legislature and Governor are out of touch and don’t care about small town NJ – commended Chief Michigan, head of the Ocean County Chiefs of Police Association, who recognize this threat to public safety and tourism economy – they, along with Sheriff Mastronardy, will hold the event 12PM-6PM with press component at 1PM – will talk about how ridiculous this is – Ocean County Police Chiefs, Mayors, elected officials, news media, etc. will be there – just want a nice town that looks and feels how taxes merit, not Spring Lake; met a couple of nights ago with committees (which total about 200 members and volunteers) and Chamber to make sure all are supporting each other – helping downtown revitalization efforts – many events coming – will lift businesses up; been getting a lot of complaints about geese – a lot more now – have looked into geese birth control and egg addling – will try to manage the population fairly and humanely (Atty. Riordan: in contrast to times gone by, Prosecutors Office takes animal cruelty charges extraordinarily seriously – no matter what those geese may do, don’t go after them).
ADMINISTRATOR’S REPORT:
BA/CFO Riehl: are 3 refunding bond ordinances on tonight – one was authorized at the last meeting, to refinance the 2011 bonds, which will provide a cost savings of $45K/year over next 10 years – the other 2 relate to the outstanding CDL loan which, if it’s not forgiven, will give the ability to spread it out over 10 years instead of this year and the next 3, so they would greatly reduce debt service payments in future budgets; anticipates budget introduction at next meeting.
The Clerk added items to agenda. (Mayor Kanitra: keep to 3-5 minutes – agenda items only – press *6 to unmute phone – give name and full address – PPB residents first; Atty. Riordan: suggested that Mr. Potter, employee and Atty. Carey speak first – then vote so they can go on about their way).
PUBLIC PARTICIPATION BEGAN AT 8:40PM
Fred Potter, Teamsters Local 469 President: Christina Montorio, Business Agent, is also on the call – CEO/ZO Tumolo received a Rice Notice, dated March 5, 2021, that said the Governing Body would be discussing the Civil Service Eligibility List for the Code Enforcement/Zoning Officer position – said formal action may be taken at the regular meeting – request from Teamsters, on behalf of member, is to table that action – labor agreement, article 17, says Union will be forwarded any current or amended Civil Service List – did not receive anything from the Borough – CEO/ZO Tumolo received Notification of Ineligibility, dated February 24, 2021 – reason was “below minimum requirement in education and/or experience” – she and the Union believe that not to be true – she filed an appeal on March 4, 2021 – she may have failed to provide sufficient proof that she meets the minimum qualifications – believes appeal will satisfy Civil Service – she has considerable experience with years in other municipalities – when the Borough advertised the job in September 2019, it indicated that a Zoning Certificate, Inspector of Hotel/Multiple Dwellings Certificate would be needed to obtain, but not required – posting did not specify required years of experience – at the time of the interview, she was already in possession of the Hotel and Multiple Dwelling License, but not a Zoning Official Certificate – she was hired on December 2, 2019 on condition of getting Zoning Official Certificate – was difficult during 2020 because of the pandemic – not only did classes get cancelled, they were delayed – Civil Service gave her, effective February 2021, her Zoning Certificate – the Notice of Ineligibility was dated February 24th, 24 days later – thinks there was miscommunication within Civil Service, with Civil Service people working remotely – thinks the appeal will more than remedy the situation – the list referenced with one person on it, like all Civil Service lists, states that the information only reflects the results known at the time the list was issued, it does not reflect subsequent changes to the list, including make-up exam, appeal decisions, etc. – it’s a live list – she is already provisional full-time in that position – the expiration of the Eligibility List is March 3, 2024 – have plenty of time to take action – doesn’t know which direction the Union will go to ensure she has her rights and can maintain her job – the best way to do that is to table this matter pending the appeal – thinks about the person taking this job, who resigns from another job, only to find out the appeal comes forward and now PPB has 2 CEO/ZO’s – had 3 years’ experience in Seaside Park, 3 years’ experience with Code Enforcement in Asbury Park and now has more than 1 year experience with Code Enforcement in PPB – that was not considered by Civil Service – believes that the action to table not only protects her and the integrity of the department, it gives employees the opportunity to follow their rights under Civil Service – the Union was not provided the information contractually required – for all these reasons, they ask that no action be taken, other than tabling this matter pending the appeal.
Motion by Councilman Santanello to table until appeal is heard was seconded by Councilman Cortes and defeated by roll call vote.
VOTE: Councilmembers Cortes, Santanello….YEA
Councilmembers Vitale, Testa, Byrnes….NAY
Councilman Migut….ABSENT
Mayor Kanitra: asked Atty. Carey if it’s valid that PPB would have 2 employees in the position if this is agenda item is approved (Atty. Carey: have heard a bunch of maybes and speculation – has not seen an appeal or documentation of an appeal filed by the provisional employee – have a list – under Civil Service rules, are required to take action relative to the provisional employee within 30 days and are required to take 1 of 2 actions relative to the individuals on the list in 30 days – no directive that the Borough has received, that he is aware of, to suspend or delay compliance with Civil Service rules – it’s on the onus and their prerogative to proceed with appeal through Civil Service – it’s not incorrect that, theoretically, one day the individual in the position could be placed on that list of 3 years, but wouldn’t necessarily result in some bumping scenario) asked for his recommendation (Atty. Carey: recommends proceeding, as envisioned, with the hiring of Ryan Griffin for all the reasons discussed – clarified that he can’t say, ultimately, what Civil Service would do in terms of the appeal, but the Borough has received no directive relative to the appeals and should be complying with the Civil Service rules, which require them to take action relative to the provisional employee who was deemed unqualified to sit for the exam and take action relative to the one certified eligible on the list) if the other scenario did unfold, could gauge what options, if any, were available at that particular time (Atty. Carey: correct; Mr. Potter: the attorney said he is not aware of the appeal – that appeal, in writing, was provided to the administration – the appeal was filed on March 4th and the Borough does have a copy of that; CEO/ZO Tumolo: their argument would be that she currently has an outstanding appeal – she did not misrepresent herself on hiring, however the Borough chose to advertise the position a certain way through Civil Service which they felt would deem her ineligible for the position, which is why she chose to appeal – if they choose to move forward, hopefully they have the appeal overturn and have more guidance at that time) sounds like this is the course of action we legally have to take – if things unfold differently down the road, will have a different course of action recommended by a third party objective attorney at that point (Atty. Riordan: recommended that a motion, second and vote be taken now).
Motion by Councilman Vitale to approve Item 2j was seconded by Councilwoman Testa and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Byrnes….YEA
Councilmen Cortes, Santanello….NAY
Councilman Migut….ABSENT
Tina West, Point Pleasant: spoke about goose egg addling.
Dan Friendly, 1401 Ocean Ave., PPB: regarding the Amethyst Hotel – concerned that an elected Republican Council would consider the most un-American, un-Republican, un-Conservative thing – State has created a lot of these problems – can’t just take someone’s property or business of 50-60 years because there are problems – that is their land – dangerous precedent – a multitude of other remedies – disgraceful – lot of people agree – seconds what Councilman Santanello said about selling his house.
Vincent Barrella, PPB: from a parking perspective, asked if cost benefit has been looked at – assumes a garage would not make sense on the Amethyst property (Mayor Kanitra: looked at number of spaces and cost value analysis – financially, the acquisition makes sense) agrees with Mr. Friendly and Mr. Santanello – is concerned about the idea of taking property – personally believes PPB would be better off without the Amethyst but that’s not the proper use of eminent domain, in his opinion – purchase maybe – if it is about parking, there are a lot of private lots that can be taken by eminent domain to eliminate the competition – advised Council not to let the vocal few dissuade them from paid street parking – little detriment, as long as residents are protected with permits, etc.; doesn’t know why Council can’t wait on the employee issue.
James Dalton, Brick: worked at the Amethyst Hotel in 2018/19 – disappointing, toxic environment where guests and employees were treated like garbage – leaking roof, mold, vermin, unhealthy, unsanitary – owner was taking advantage of vulnerable disabled and Section 8 people, didn’t care and encouraged disarray (Atty. Riordan: Governing Body wants the property for parking – will pay full market value).
Megan Rawie, 405 Richard Ave, PPB: never heard so much hearsay in a meeting – content of discussion is un-American/unbelievable – what does this country stand for if we cannot own our property.
Louise Stillufsen, PPB: asked about 2d (Councilman Santanello: park is torn up and playground equipment roped off – inappropriate time for event); asked about 1m (Mayor Kanitra: initiative of former administration – annual renewal fee); asked about 1w (Mayor Kanitra: for work on historic preservation – met with Town Historian Jerry Woolley, QOL Dir. O’Rourke and Engineer – would get $33K and have to pay $8K).
Michael Sirchio, 163 Baltimore Ave., PPB: been in town for 31 years – parking situations have come up – asked if only going after commercial properties – asked when it stops – taking someone’s house was the fear of town fathers and his too – doesn’t like that it is going that far west – if it has to happen, should be spelled out so precedent is not set (Mayor Kanitra: no appetite to encroach on residential areas).
Cathy Sogorka, 509 Cramer Ave, PPB: likes idea of meetings going back to Borough Hall but hopes Zoom continues also (Mayor Kanitra: will look at what is legally feasible – might have a hybrid component during State of Emergency – putting high-definition camera in Council chambers, so people can watch committee meetings too) nice to be involved and not have to be near people in pandemic.
Paul Fernicola, Condemnation Atty. from Red Bank for John Fernicola (no relation): here about Ordinance 2021-12 – was present at the March 2nd meeting – asked if Borough studied other properties as potential sites for additional parking (Atty. Riordan: under no circumstances will the Governing Body answer his questions – not proper – told Councilman Vitale to cut him off if he asks another question) at the March 2nd meeting, the Mayor, prompted by Councilman Santanello, made statements that the property is well known to the police and the police will have time to tackle other issues – appears that parking is secondary – using parking as a pretext – asked if the cost analysis, referenced by the Mayor, is available to the public (Mayor Kanitra: told Councilman Vitale to say goodbye; Councilman Santanello: an amazing block on free speech; Mayor Kanitra: Councilman Santanello is anti-residents and wants to spend a ton of taxpayer money – can’t have attorneys who are going to sue come on and cross examine; Atty. Riordan: Councilmen who continue to help attorneys who are suing the Borough put themselves in serious jeopardy; Mayor Kanitra: seems like a conflict of interest – Councilman Santanello is trying to set up the Governing Body; arguing ensued).
John Longfield, 103 Makin Ave, PPB: his quality of life does not improve with paid parking – will still have the same amount of people parked in front of his house, garbage, beer cans, dirty diapers – burden of his guests’ parking now falls on him – with paid parking, they’d have to come to his house for a placard and go back to return it – quality of life has gone down over the last 4-5 years because of too much parking – more people coming because they know there are enough spots – not enough police or DPW – becomes unsafe here for about 10 weeks – should look at minimizing paid parking and get back to where it was 5-10 years ago – against paid parking and new parking lots.
Amber Fernicola, Brielle: related to Amethyst Beach Motel owner – also does real estate – are a ton of vacant buildings and parking opportunities on Broadway – asked if they would be considered for paid parking (Atty. Riordan: encouraged Governing Body not to answer those kinds of questions) this is her family’s business – have worked hard to maintain – during the past year, per the Governor, couldn’t evict people – people were not paying, destroying rooms and harassing employees and it lead to major calls – her father is constantly watching his properties – a lot goes on in motels all over – the fact that he gets penalized for calling police for unlawful things is crazy – knows the town and people – nobody wants more parking – they provide parking, as well people paying taxes to stay there – have to keep perspective – hopes Mayor empathizes with the situation – has a petition – her grandfather built it – she went to St. Peter’s – this is their nest egg and they have plans to improve – asked all to consider that.
Debbie Peterson, 409 Newark Ave., PPB: disappointing – this is like a WWE wrestling match – has never seen this – from a viewer perspective, it’s not pretty; concerned about parking – nieces spend the day with her – 2 just had babies – doesn’t want to be running around placards – it’s annoying and inconvenient; controlling businesses is not an independent way of thinking; sidewalks are a mess – gas company digs holes and fill them any which way – looks like Beirut – there is a process to fill the hole seamlessly (Mayor Kanitra: trying to force the gas company and contractors to fill with infrared by ordinance: BA/CFO Riehl: are following up on projects – are required by ordinance to fill with infrared patch – can reach out to her or Karen Mills about areas in need of it; Mayor Kanitra: asked BA/CFO Riehl to touch base with her about some areas of concern) governing is difficult – making adversaries, when unnecessary, is not the best thing to do – she voted and sees genuine promise in the Governing Body but wants all to get along with people and businesses– aggravating and unnecessary – hinders progress.
E.J. Geiger, 115 Arnold, PPB: agrees that when Council meetings go back in person, need to keep a Zoom option available for those who can’t get there – have 119 participants now – many seniors would love to attend via Zoom because they can’t get out at night; asked about 1b (Mayor Kanitra: because of disrespectful tourists last summer, BA/CFO Riehl undertook initiative for signs to be placed at Boardwalk street-ends to highlight ordinances and fines – look really nice – will go a long way to get everyone to respect PPB laws) assumes they’ll meet with sign guidelines (Mayor Kanitra: they are not business signs – they have to be sturdy – they even have an anti-graffiti coating; Councilman Cortes: asked to put that coating at the Harborhead wall).
John Taurozzi, 509 Delaware Ave, PPB: asked for explanation of Ordinance 2021-13 (Mayor Kanitra: inherited flood rating that was not kept on top of – in February last year, received email from FEMA that every household in town would be facing @$300 increase in flood insurance premiums because PPB had failed our 3 previous second chances to fix the situation – no one had remedied flood certifications, out-of-compliance properties, etc. – appointed the flood commission – brought Engineer Mele on as Floodplain Manager and set about working on the problem – this year, brought in CO Thulen and he and Engineer Mele implemented procedures, complimented by his begging for the last 7 months, for FEMA to give one final chance to show them PPB is serious about floodplain management – explained to FEMA that this administration has new employees who are doing the right things, are taking the right steps and holding people accountable for bad actions in building – seems like they will go to National FEMA on PPB’s behalf and ask for a nationally unprecedented chance to remedy the situation – gave a list of things to be done – one is an explanation of the situation in the town newsletter – another is this model ordinance that everyone will eventually have to comply with, to be passed before May 1st) appreciates the explanation – doesn’t want to see flood insurance rates go up.
Kitty Stillufsen, 54 Channel Dr., PPB: saw a post about the eminent domain and her blood ran cold – totally opposed – infringement on a property owner’s rights – slippery slope – loophole – back-door, shoe-in way to make deals with developers or towns and seize property – is very familiar with the Amethyst Beach Motel – knows of a problematic guest – they did all they could to get that guest out and that guest won in court – is not a crime to house the homeless – goes at the crux of what it is to be American and a property owner – can’t even believe the town is considering it; doesn’t see a sign preventing graffiti or getting someone to be respectful – need a different approach – applauds the PPB police, but suggested a more culturally diverse police force in summer – she is an Airbnb super host – her guests are respectful, yet Council is trying to minimize Airbnbs – doesn’t see a definitive direction or courting of a specific market, namely law-abiding guests with a disposable income – got into a massive lawsuit with Jenkinson’s for serving alcohol on their own property, restrictive sign ordinance goes against small businesses – sees PPB looking at towns like Brick, Bay Head and Easton PA for direction – PPB is a unique gem – the tip of a barrier island off NJ – there is nowhere like this – closest town would be like Miami – Arts Committee is a leverage – downtown is a ghost town – appreciates the seemingly forward thinking and fresh perspectives, but is seeing everything opposite of what she was expecting from this Mayor and Council.
Theresa Perrone, 205 Laurel Ct. PPB: partners with John Fernicola – imposing eminent domain on her residential property – is part of the condemnation – she is on the deed, is an owner (Atty. Riordan: it’s not in a residential zone – are not going to debate the condemnation with the property owner here – that’s going to be in court) this has been a horrible session – unfair to cut people off – need to speak (Mayor Kanitra: have let everyone speak, except for an attorney trying to question the Governing Body; Councilman Cortes: technically, it’s in a resort residential zone) this is a single-family zone.
Dave Betten, 400 New Jersey Ave., PPB: walks around town at night – some things can be better including parking – affects him – trash all over – more parking is not the worst idea – hates idea of taking someone’s property but understands why eminent domain is available and if it will make this town better for him and the actual residents, he is for it.
John Fernicola, PPB: eminent domain should never be used – was willing to negotiate and talk with the Mayor and resolve the issue, but was never given the opportunity – doesn’t want eminent domain exercised against anyone in PPB at any time – it is not appropriate – he will talk and negotiate with him, but will not stand for eminent domain, nor should anyone in PPB.
PUBLIC PARTICIPATION ENDED AT 9:54PM
Motion by Councilman Vitale to close public participation and approve the items listed below was seconded by Councilwoman Testa and carried by roll call vote.
CONSENT RESOLUTION 1:
1a Approval of payment of Payroll #5 ($272,109.94)
1b Approval of payment to Glenco Supply for Boardwalk signs & hardware ($10,710)
1c Approval for PPB Rec Cmte to start a fundraising campaign to offset Pleasure Park upgrade costs
1d Approval of SUHKA S/E application for Yoga on the MD Ave Beach, Tues & Sun, 6/1-10/1
1e Approval of Colliers Engineering cost estimate for Central Ave. Resurfacing Project ($1,029,629)
1f Approval of Chamber S/E app for Home Grown Book & Art Fair in Borden’s Lot, 5/22 (ran 5/23)
1g Approval of pymt to Cherry Valley Tractor Sales for DPW Sweepster Utility Tractor ($10,964.64)
1h Approval of payment to BTMUA for February bulk water usage ($47,515.50)
1i Approval of payment to Integrated Technical Systems for warranty/service agreement ($26,130)
1j Approval of payment to Servpro of Toms River for sewage clean-up at 509 Trenton ($2,879.21)
1k Approval of payment to Servpro of Toms River for 2/1-2/25 bioremediation services ($7,600)
1l Approval of payment to M. Woszczak for emerg water main break repair on Arnold ($4,087.82)
1m Approval of pymt to Gruskin Architecture & Design for MYDowntown Mobile support ($3,900)
1n Memorialization of approval of Rec Cmte S/E app for Sham-Rock event downtown, 3/13 (rain 3/14)
1o Approval of appointments to PPB committees
1p Approval of PPBHS PTO Town-Wide Garage Sale, 5/15 (rain date: 5/16)
1q Approval of payment to State of NJ for employee & retiree health benefits for March ($118,386.34)
1r Approval of PO to Foveonics for digital document conversion ($138,955.86)
1s Approval of salary adjustment for K. O’Rourke for obtaining certification
1t Approval of resolution combining 3 authorizations of bonds into single issue, determining form & details of NTE $2,995,000 general improvement bonds and providing for sale, pursuant to NJ Water Bank Financing Program for Little Silver Lake Drainage Improvement
1u Approval of resolution authorizing execution & delivery of loan & escrow agreements, pursuant to NJ Water Bank Financing Program for Little Silver Lake Drainage Improvement
1v Auth to submit loan app to NJDEP & NJ Infrastructure Bank for Ocean Ave Water Main Replacement
1w Auth. to submit app to NJ Hist Trust for Hist Site Mgmt Grant/approve scope of work (NTE $33K)
1x Approval of resolution determining form & details of NTE $1,540,650 general obligation bonds and providing for sale, pursuant NJ Water Bank Financing Program for Water Meter Replacement
1y Approval of resolution authorizing execution & delivery of loan and escrow agreements, pursuant to NJ Water Bank Financing Program for Water Meter Replacement
1z Resolution proclaiming 4/6 as Nat’l Service Recognition Day and 4/18-4/24 as Nat’l Volunteer Wk
CONSENT RESOLUTION 2:
2a Resolution proclaiming April as Child Abuse Prevention Month
2b Resolution proclaiming May as Older Americans Month
2c Approval of Chamber S/E app for Beach Party art show downtown, 7/22 (rain 7/29)
2d DENIAL of Home Run Party Ent LLC S/E app for Super Hero Training in Pleasure Park, 3/22-5/31
2e Approval of payment to General Code for Codification/Supplement ($3,192.40)
2f Resolution Condemning the new Marijuana Law
2g Resolution proclaiming National Library Week 2021
2h Order approval to Game Time for new Pleasure Park playground equipment ($266,216.42)
2i Approval of 16’ curb cut at 327 River Avenue – ADDED PER DH MEMOS
2j ADDED PER DISCUSSION AND CONSIDERED SEPARATELY (Authorization to hire Ryan Griffin as Code Enforcement / Zoning Officer)
CONSENT RESOLUTION 3:
3a Approval of payment of computer-generated vouchers ($1,303,310.98)
3b Approval of payment to Gray Supply for refund of 2019 job check ($6,287.50)
3c Approval of membership in Ocean Fire Company No 1 for M. Jorge, Pt. Pleasant
3d Auth to enter a 3-year interlocal svcs agreement with Manchester for use of their firearms range
3e Approval of amended LESO resolution
3f Approval of payment to Guardian Tracking for annual software subscription for PD ($3,628)
3g Approval of pymt to Eagle Point Gun for 2021 ammunition & equipment for PD ($24,647.74)
3h Approval of PO to Safe Fleet for interview room camera & equipment for PD ($7,058.16)
3i Approval of PO to NJ Business Systems for upgrades to police cameras ($28,098)
3j Approval of PO to White Box Technologies for 7 add’l reports to query for PD ($28,949)
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello (except 1a, 3d, 3f, 3g, 3h, 3J)
Councilman Santanello (1a, 3d, 3f, 3g, 3h, 3j)….ABSTAIN
Councilman Migut….ABSENT
ORDINANCE:
Ordinance 2021-11 (Increase Parking Fees) was considered on second reading. Mayor Kanitra opened the public hearing with no member of the public wishing to be heard. Motion by Councilman Vitale to close the public hearing and adopt Ordinance 2021-11 was seconded by Councilwoman Testa and carried by roll call vote.
VOTE: Councilmembers Vitale, Testa, Byrnes Cortes, Santanello….YEA
Councilman Migut….ABSENT
Ordinance 2021-12 (Authorization to Acquire Property) was introduced on first reading. Motion by Councilman Vitale to approve Ordinance 2021-12 on first reading was seconded by Councilwoman Byrnes and carried by roll call vote. The public hearing will be held on April 20, 2021.
VOTE: Councilmembers Vitale, Testa, Byrnes….YEA
Councilmembers Cortes, Santanello….NAY
Councilman Migut….ABSENT.
Ordinance 2021-13 (Floodplain Management) was introduced on first reading. Motion by Councilman Vitale to approve Ordinance 2021-13 on first reading was seconded by Councilwoman Testa and carried by roll call vote. The public hearing will be held on April 20, 2021.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello….YEA
Councilman Migut….ABSENT
Ordinance 2021-14 (Refunding Bond Ordinance $764,000) was introduced on first reading. Motion by Councilman Cortes to approve Ordinance 2021-14 on first reading was seconding by Councilman Vitale and carried by roll call vote. The public hearing will be held on April 20, 2021.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello….YEA
Councilman Migut….ABSENT
Ordinance 2021-15 (Refunding Bond Ordinance $96,000) was introduced on first reading. Motion by Councilman Santanello to approve Ordinance 2021-15 on first reading was seconded by Councilman Vitale and carried by roll call vote. The public hearing will be held on April 20, 2021.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello….YEA
Councilman Migut….ABSENT
Ordinance 2021-16 (Refunding Bond Ordinance $3,900,000) was introduced on first reading. Motion by Councilman Vitale to approve Ordinance 2021-16 on first reading was seconded by Councilman Santanello and carried by roll call vote. The public hearing will be held on April 20, 2021.
VOTE: Councilmembers Vitale, Testa, Byrnes, Cortes, Santanello….YEA
Councilman Migut….ABSENT
Mayor Kanitra: doesn’t know why Ordinance 2021-17 was going into the weeds about hours – have mercantile licenses and businesses operating in PPB and not adhering to the stipulations of the mercantile licenses – need to be able to hold bad actors accountable.
Ordinance 2021-17 (Amend Ch 5 Mercantile License Regulations) was introduced on first reading. Motion by Councilman Vitale to approve Ordinance 2021-17 on first reading was seconded by Councilwoman Testa and carried by roll call vote. The public hearing will be held on April 20, 2021.
VOTE: Councilmembers Vitale, Testa, Byrnes….YEA
Councilmembers Cortes, Santanello….NAY
Councilman Migut….ABSENT.
Mayor Kanitra: announced that the next public participation is for items not on the agenda – state name, address and municipality.
PUBLIC PARTICIPATION BEGAN AT 10:03PM
E.J. Geiger 115 Arnold Ave, PPB: asked if Boston bulkhead work is complete and if company is doing more work in the area – equipment is still sitting there.
John Longfield, 103 Makin Ave., PPB: asked if Council voted on residential parking.
Dan Friendly, 1401 & 1403 Ocean Ave. & 104 South Baltimore Ave., PPB: everyone on Ocean Ave. is required to fix curbs and sidewalks in preparation for the paving project – knows about the ordinance requiring residents to maintain sidewalks and curbs but has never heard of a town using this ordinance in the way it is being used now – almost every residential property on Ocean Ave. has painting on curbs – requirement is to replace, not repair – would be looking at $10K to get this done before mid-August – not all are heavily damaged or dangerous – some sidewalks are cracked but not a tripping hazard – shouldn’t be used to beautify Ocean Ave. – every curb there has a meter in front of it – people park there all summer – tourists who are feeding the meters on County property use the curbs and sidewalks that homeowners are required to replace – would require traffic control when work is being done – doesn’t think town has the authority to do this without County approval – insane – there has to be a better way to do this – and if town does it, it will cost more with Union labor.
Nicole Perrone, 300 Cookman Ave, Asbury Park, NJ: appreciates the passion – PPB is going in a cool direction with new leadership – grew up in Brielle – worked in PPB – family is PPB small business owners – condemning a small business without the people’s input – every shore town is building hotels, not tearing them down – consider events, concerts, tours, trolleys, go carts with paid advertising – people who come here are not vested – asked for a pause on the ruling – watched her family bust their butts in that hotel.
Greg Mazzatta, 914 Bay Ave: asked CEO/ZO Tumolo on March 5th for a definition of town’s right-of-way – apparently town doesn’t have one (Atty. Riordan: asked the Mayor or to have him contact his office).
PUBLIC PARTICIPATION ENDED AT 10:23PM
Motion by Councilman Cortes to close public participation and adjourn was seconded by Councilman Vitale and carried by consent of Council.
Meeting was adjourned at 10:24PM.
ATTEST: _______________________________
Eileen A. Farrell, RMC
Municipal Clerk
